ANNUAL REPORT BY THE DESIGN BUILD EXECUTIVE … · As mandated by the Design Build Project Delivery...

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ANNUAL REPORT BY THE DESIGN BUILD EXECUTIVE COMMITTEE REGARDING THE STATUS OF THE CITY OF BALTIMORE’S DESIGN BUILD PROJECTS As mandated by the Design Build Project Delivery Procedures approved by the Board of Estimates on November 2, 2011, the Design Build Executive Committee (“DBEC”) is required to annually report on the description, status and participation by minority and women owned businesses on all pending Design Build projects. In addition, the DBEC makes recommendations regarding policy changes or implementation measures. The DBEC submits this Annual Report for 2019 covering the three projects currently under contract and approved by the DBEC and Board of Estimates. I. DEPARTMENT OF TRANSPORTATION CENTRAL AVENUE PROJECT, TR 12317 2019 The Central Avenue Design-Build (DB) Project (“Project”) is Baltimore City’s Department of Transportation’s (“DOT”) first design-build project. It was advertised on September 2, 2015 and Notice to Proceed (NTP) was issued on June 15, 2016. The Project primarily consists of the reconstruction of Central Avenue between Lancaster Street and Baltimore Street into an urban boulevard. A key element of the Project is the extension of Central Avenue with a new Harbor Point Connector Bridge over the tidal inlet waters to the Harbor Point development site. The length of the Harbor Point Connector Bridge is approximately 260 feet. The total length of the roadway reconstruction on Central Avenue is approximately 3,200 linear feet (8 blocks). The scope of roadwork includes full-depth pavement reconstruction, concrete curb/gutter and sidewalk reconstruction, construction of ADA-compliant pedestrian ramps and driveway entrances within the Project limits, roadway drainage system improvements, new street and pedestrian lighting, new pavement marking and signing, upgrades to water, sewer, and conduit utilities, and new traffic and pedestrian signals. A. Project Status as of July 2019 The Central Avenue Project was awarded to Allan Myers MD, Inc., (“Myers”) on March 30, 2016. The Contract amount was $46,777,777.00. There are three Extra Work Orders totaling $3,0474,400.00. The current Contract amount is $49,852,177.00. The Project utilizes multiple funding sources including Federal Aid, Transportation Improvement Funds (TIF), and City Capital Improvement Funds. Schedule Notice to Proceed (NTP) was issued for June 15, 2016 and the original completion was to be June 2021, which is NTP plus 5 years. Myers’ originally proposed to complete the work by approximately early 2020. However, construction challenges and site conditions required schedule adjustments. Currently, the schedule has reverted to approximately the June 2021 time period.

Transcript of ANNUAL REPORT BY THE DESIGN BUILD EXECUTIVE … · As mandated by the Design Build Project Delivery...

Page 1: ANNUAL REPORT BY THE DESIGN BUILD EXECUTIVE … · As mandated by the Design Build Project Delivery Procedures approved by the Board of Estimates on November 2, 2011, the Design Build

ANNUAL REPORT BY THE DESIGN BUILD EXECUTIVE COMMITTEE

REGARDING THE STATUS OF THE CITY OF BALTIMORE’S

DESIGN BUILD PROJECTS

As mandated by the Design Build Project Delivery Procedures approved by the Board of

Estimates on November 2, 2011, the Design Build Executive Committee (“DBEC”) is required to

annually report on the description, status and participation by minority and women owned businesses

on all pending Design Build projects. In addition, the DBEC makes recommendations regarding

policy changes or implementation measures. The DBEC submits this Annual Report for 2019

covering the three projects currently under contract and approved by the DBEC and Board of

Estimates.

I. DEPARTMENT OF TRANSPORTATION

CENTRAL AVENUE PROJECT, TR 12317

2019

The Central Avenue Design-Build (DB) Project (“Project”) is Baltimore City’s Department

of Transportation’s (“DOT”) first design-build project. It was advertised on September 2, 2015 and

Notice to Proceed (NTP) was issued on June 15, 2016. The Project primarily consists of the

reconstruction of Central Avenue between Lancaster Street and Baltimore Street into an urban

boulevard. A key element of the Project is the extension of Central Avenue with a new Harbor Point

Connector Bridge over the tidal inlet waters to the Harbor Point development site. The length of the

Harbor Point Connector Bridge is approximately 260 feet. The total length of the roadway

reconstruction on Central Avenue is approximately 3,200 linear feet (8 blocks). The scope of

roadwork includes full-depth pavement reconstruction, concrete curb/gutter and sidewalk

reconstruction, construction of ADA-compliant pedestrian ramps and driveway entrances within the

Project limits, roadway drainage system improvements, new street and pedestrian lighting, new

pavement marking and signing, upgrades to water, sewer, and conduit utilities, and new traffic and

pedestrian signals.

A. Project Status as of July 2019

The Central Avenue Project was awarded to Allan Myers MD, Inc., (“Myers”) on March 30,

2016. The Contract amount was $46,777,777.00. There are three Extra Work Orders totaling

$3,0474,400.00. The current Contract amount is $49,852,177.00. The Project utilizes multiple

funding sources including Federal Aid, Transportation Improvement Funds (TIF), and City Capital

Improvement Funds.

Schedule

Notice to Proceed (NTP) was issued for June 15, 2016 and the original completion

was to be June 2021, which is NTP plus 5 years.

Myers’ originally proposed to complete the work by approximately early 2020.

However, construction challenges and site conditions required schedule adjustments.

Currently, the schedule has reverted to approximately the June 2021 time period.

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The Harbor Point Connector Bridge, which was part of Phase 1, was partially opened

to traffic and pedestrians on July 2, 2018. Presently only the east sidewalk remains

closed to pedestrians.

The contractor has completed Phase 1 construction of Central Avenue between

Lancaster Street and Aliceanna Street except for construction of the Aliceanna Street

Bridge. Phase 1 is approximately 95% complete. On-going Phase 1 work includes

the north portion of the Aliceanna Street Bridge, final surface paving and traffic

markings.

Phase 2, extending from beyond Aliceanna Street to just south of Baltimore Street,

including coordination, submittals, approvals, and construction, is ongoing. Phases 1

and 2 include many elements of pedestrian amenities and streetscape elements. Phase

2 construction started in the Fall of 2018 and continues.

Bozzuto Construction Inc., (“Bozzuto”) on behalf of Harbor East Development Group

(Harbor East), is constructing a new 26 story Liberty East high-rise building which includes

the new Whole Foods Market, luxury condominiums, and high-end apartments is located

between Lancaster Street and Aliceanna Street (south to north) and Central Avenue and Eden

Street (west to east). Liberty East is approaching completion with early occupancy in the

summer of 2019. Rigorous coordination and cooperation have been necessary amongst all

contractors. Work has progressed satisfactorily on both projects.

Scope Changes and Change Orders

There have been several scope changes on the project under Phase 1and 2. These

have included: additional aesthetic treatments on the bridge, installation of more

energy efficient lighting, a delay in positioning of the north crane near Ouzo Bay,

structural concrete restoration to two sections of the Central Avenue culvert top slab

(located between Lancaster and Fleet Streets), and relocation and addition of utility

infrastructure to accommodate present and future City needs.

Change orders have included limiting staging areas, interactions with adjacent

developers and property owners, time between bidding and awarding, various

investigations for potential changes such as DPW’s backflow preventer or DOT’s

realignment of the Lancaster Street intersection, prohibition of the staging of the

south crane on a barge instead of on Harbor Point, unexpected field conditions,

accommodation of businesses, and various necessary conduit design revisions. The

change order requests originating from Myers are being actively addressed and

resolved by the City. A limited few of the potential change orders may require

resolution through the contract mandated City claims process.

Logistics (Ongoing Progress)

The Fleet Street Bridge design is approved and utility work in this area has begun.

Design submittals are essentially complete for Phase 2 work.

The Phase 2 Streetscape design review is complete.

Construction submittals such as RFIs, materials selection, shop drawings, redline

revisions continue to be submitted, reviewed and processed timely.

The City is coordinating with all stakeholders, property developers, contractors, City

design and City construction management sections as needed.

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Special Considerations

The Liberty East /Whole Foods high-rise has begun leasing apartment units.

There have been work zone and construction overlaps between Bozzuto and Myers

with several of them requiring changes to the Bozzuto schedule or construction and/or

the Myers schedule and construction.

Utility relocations and approvals are challenging, time consuming , and complicated.

This is due in part to the involvement of 3rd party lessees as well as the abundance of

active existing utilities in the corridor.

The City has continued to conduct meetings and facilitate full communication within

DOT and DPW, Myers and multiple stakeholders. The most recent public outreach

meeting was conducted on March 26th, 2019.

Traffic detours and congestion are ongoing challenges.

In addition to being the City’s first DB project and one of DOT’s largest construction

projects, this project is also technically very complex and located in a highly

developed and growing portion of the City. Once the construction moves north of

Aliceanna Street, we anticipate the work will progress smoothly toward completion

by mid-2021.

B. Minority and Women Owned Business Participation

The Project is federally funded, and state Disadvantaged Business Enterprise standards

apply, not the City’s MBE/WBE. Myers is meeting the established 30% overall DBE goal, 28%

construction and 2% design goals as shown below. The breakouts below reflect the commitments

that Myers had received at the time of bidding. Myers continues to make adjustments as the design

becomes more complete, in order to meet the participation goals:

Design Phase DBE participation Total Paid to Date

July 2019

Athavale, Lystad & Associates $428,500.00 $453,466.72 105.83%

Floura Teeter Landscape Architects, Inc. $62,000.00 $102,942.36 166.04%

J.K. Datta Consultants, Inc.* $206,500.00 $0.00 0.00%

Findling, Inc. $299,500.00 $293,121.45 97.87%

Synterra Ltd. $82,900.00 $92,900.00 112.06%

Albrecht Engineering, Inc. $62,000.00 $54,978.85 88.68%

Remline Corporation $82,900.00 $88,428.52 106.67%

TOTAL DESIGN DBE PARTICIPATION $1,224,300.00 (2.46%)

TOTAL DESIGN DBE PARTICIPATION THRU JULY 2019 $1,085,837.90 (88.69%)

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Construction Phase DBE Participation

J&M Sweeping $250,000.00 $32,369.85 12.95%

Barbie’s Recycling & Hauling, Inc. $1,200,000.00 $96,494.00 8.04%

Load Runner Trucking $1,200,000.00 $317,635.25 26.47%

Quarry Products Unlimited, Inc. $155,000.00 $0.00 0.00%

Machado Construction Co. Inc. $4,400,000.00 $933,722.96 21.22%

Priceless Industries, Inc. $145,000.00 $19,545.68 13.48%

Native Terrain Restoration Services $290,000.00 $0.00 0.00%

Traffic Systems, Inc. $2,650,000.00 $659,808.80 24.90%

Road Safety, LLC. $200,000.00 $76,401.34 38.20%

Nasir and Associates, LLC. $2,500,000.00 $2,490,140.83 99.61%

Mohawk Bridge & Iron Inc. $700,000.00 $430,600.61 61.51%

Wilton Corporation $200,000.00 $149,521.33 74.76%

Doughboy Hauling $15,694.97 $15,694.97 100.00%

GE Frisco $165,181.12 $160,684.11 97.28%

Hirshmugl Heine & Assoc. $4,680.00 $4,680.00 100.00%

TNM Trucking $106,539.00 $102,935.00 96.62%

Traffic Engineering Services $71,462.96 $71,462.96 100.00%

Utility Imaging $13,937.50 $13,937.50 100.00%

Handon Services $95,760.47 $95,760.47 100.00%

Aaron’s Concrete Pumping Inc. $14,100.14 $14,100.14 100.00%

Ackerman & Baynes, LLC $182,835.87 $182,835.87 100.00%

DACO Construction $49,804.91 $49,804.91 100.00%

Rowen Concrete $2,146.58 $2,146.58 100.00%

Sunrise Safety Services $18,479.52 $18,479.52 100.00%

Keys Materials & Utilities $25,302.62 $25,302.62 100.00%

CC’s Industries, LLC $16,070.32 $16,070.32 100.00%

Patrick Thomas Trucking $8,806.00 $8,806.00 100.00%

M Luis Products $3,319.97 $3,319.97 100.00%

TOTAL CONST. DBE PARTICIPATION $14,684,121.95 (29.45%)

TOTAL CONST. DBE PARTICIPATION THRU JULY 2019 $5,992,261.59 (40.81%)

TOTAL DBE PARTICIPATION $15,908,421.90 (31.91%)

TOTAL DBE PARTICIPATION THRU JULY 2019 $7,078,099.49 (44.49%)

C. Implementation and Policy Challenges with Recommendation

The Project is at approximately the mid-point stage - post procurement. The DOT is

developing specific and detailed recommendations to submit to the DBEC regarding implementation

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or policy challenges to enhance future DB procurements. The specific and detailed

recommendations, upon completion, will be reviewed internally and submitted for the DBEC’s

consideration.

II. DEPARTMENT OF TRANSPORTATION

COMPREHENSIVE CONDUIT FACILITY DESIGN, MANAGEMENT, AND

CONSTRUCTION SERVICES PROJECT (PMAR) TR 16020

The Comprehensive Conduit Facility Design, Management, and Construction Services

Project (“Project”) is one of the Department of Transportation’s (“DOT”) and the City’s first

Program Manager at Risk projects. DOT approached the DBEC about the possibility of structuring

the Project using a Program Manager at Risk (“PMAR”) approach.

The PMAR delivery method is essentially a hybrid of the Design Build method. The DBEC

concluded that given the similarity between this PMAR project and traditional design build projects

that the Project should comply, to the greatest extent possible, with the Design Build Resolution of

the BOE and be overseen by the DBEC. Suitability of the project for the PMAR approach was

determined by several factors. During development of the Request for Proposals, DOT and the

Conduit Section determined that an expedited schedule was required because untimely project

execution would result in loss of available funding. Additionally, it was determined that the nature

of the work is not conducive to Design-Bid-Build; inspection, design, construction, and database

population must occur concurrently lending itself to Program/Asset Management. For maintaining

the conduit infrastructure, design work does not necessarily dictate construction. Instead inspection

reveals the need for design and then construction commences. The BOE agreed with the approach

selected by DOT and DBEC and awarded the contract in August 2016.

The Project primarily consists of inspection of conduit manholes (i.e. the structural condition,

duct occupancy, cable owner identification, etc.), installation of an asset security mechanism

retrofitted to secure/monitor entry of conduit manholes and cable racks as needed; design,

construction, excavation, modification, repair of manhole chimney top slab, manhole replacement,

and conduit duct bank; construction management; data input into a GIS database; financial tracking

and reporting; safety retrofits and program compliance system-wide.

A. Project Status as of June 2019

Project Awarded to KCI-CG Tri-Venture (“KCI/CG”) on August 10, 2016. Contract Amount

$26,108,286.00 (Professional Services - $5,841,986.00 Construction - $20,266,300.00) per

year for five (5) years.

Schedule Related

Notice to Proceed was issued for February 22, 2017.

The Contract expires February 20, 2022 with the option of two (2) one-year extensions.

Scope Changes and Change Orders – no change orders have been executed to date, however,

KCI/CG has requested the approval of several new items that were not included in the

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original Contract. Conduit Division is currently negotiating pricing of these items with

KCI/CG. At the completion of discussion, Conduit Division will generate the necessary

paperwork for Administration’s approval.

To date, multiple professional and construction services tasks have been completed.

Professional services generally consist of manhole and tracing inspections, design of

manholes, asset management support services, to mention a few.

Construction services generally consist of clearing obstructions in conduits,

repairing/rehabilitating electric manholes. Tasks issued include construction of supplemental

ducts for various BGE 4kV upgrades, construction of a parallel duct bank system along the

North Avenue corridor, from Bentalou St to Milton Avenue, construction of conduit

improvements along Greenmount Avenue from 29th St to East 43rd St.

Below is a summary of the various tasks executed under this Contract within the past year.

Task Scope Status

Camden St Inspections Cable tracing inspections Completed

North Charles at Upnor Road Inspections Cable tracing inspections Completed

BGE Request Manhole Repair Inspections Cable tracing inspections Completed

Eutaw St, Howard St, and Hopkins Plaza/Park

Ave Inspections Cable tracing inspections On-going

Port Covington Inspections Cable tracing inspections Completed

Stockholm St and Warner St Inspections Cable tracing inspections Completed

Edmondson Avenue Bridge Inspections Cable tracing inspections On-going

Madison St Pedestrian Bridge Inspections Cable tracing inspections On-going

Lovegrove Alley Inspections Cable tracing inspections On-going

E Mount Royal Ave and St Paul St Design of MH Completed

220 N Liberty Road Design of MH Completed

Lombard St and Hopkins Plaza Design of MH Completed

231 E Redwood St Design of MH Completed

Professional Services

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Logistics

Within this Contract, an allowance has been made for unanticipated reactive maintenance

work. Reactive maintenance work consists of activities generated as a result of service

requests received from the Conduit Maintenance Yard. These service requests typically

consist of manhole frame and cover replacements, duct obstruction clearing, split ducting,

etc. On the other hand, this Contract has also developed a proactive maintenance approach

that focuses on identifying and attacking problem corridors before they result in service

requests by the Conduit lessees.

Conducting proactive maintenance work requires developing criteria to rank and prioritize

projects. The prioritization has been developed in a manner that optimizes existing and

future Conduit Division resources. Capital drivers included in the ranking system include,

but are not limited to: the condition of the asset, criticality of the damage to the asset, asset

location in proximity to other projects/repairs, sociopolitical factors, estimated repair cost

and availability of resources to repair the asset.

Conduit Program logistics for strategic planning and prioritization to rehabilitate segments of

the system is determined by a multitude of factors. DOT’s program inspection, records

research, and asset management allows for determination of the following factors:

Duct Obstruction/Duct Availability

Alternative Duct Route

Benefit to planned Duct Lease Work in the area

Impacts of Cable Owners Service Outage

Duct Material, Age, and Service life

Adjacent Utility Impacts on Conduit

Opportunity for Economic Development/Sociopolitical Priority

Other planned/ongoing projects

Structural Assessment

External influences

Task Scope Status

MH at E. Mount Royal Ave and St. Paul St MH Reconstruction Completed

MH at Whitelock-Newington Alley MH Reconstruction Completed

MH at E Baltimore St and N Eden St MH Reconstruction Completed

MH at North Ave and Bentalou St MH Reconstruction Completed

MH at N Charles St and W Fayette Ave MH Reconstruction Completed

MH at 220 N Liberty Street MH Reconstruction On-going

MH at 231 E Redwood St MH Reconstruction On-going

North Avenue Parallel Ductbank Corridor Improvements On-going

Greenmount Ave Corridor Improvements On-going

Park Heights Split Ducts Corridor Improvements Completed

Various BGE 4 kV Upgrades Supplemental Ductbanks Completed

Construction Services

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A ranking system has been established which assigns points for the aforementioned criteria.

This process will inform our Capital Planning strategy to prioritize many of the forecasted capital

projects.

B. Minority and Women Owned Business Participation

The Project is not federally funded and as such, the City’s MBE/WBE standards apply, not

the State Disadvantaged Business Enterprise standards. KCI-CG is fully committed to

meeting the established 27% MBE and 10% WBE goal for professional services and 27%

MBE and 7% goal for construction. The breakouts below reflect MBE/WBE participation

from Contract award through the end of FY19:

PARTICIPATION CHART CONTINUES ON FOLLOWING PAGE

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In Contract Year 2, significant progress was made in handing off completed Professional

services related tasks to the Construction arm of the Contract. Significant progress has also

been made in identifying various corridors within the City requiring manhole/cable tracing

Consultant

Proposed Fee,

Professional

Services for

Contract FY 19

Percentage of

Professional

Services

Contract

Invoiced Thru

FY 19 (Invoice 1

to 25)

Percentage of

Professional

Services Contract

(Invoiced to Date)

AB Consultants, Inc. $ 140,095.68 2% $ 160,811.12 1%

Baker Engineering $ 186,340.02 3% $ 961,300.87 8%

Constellation Design $ 80,191.15 1% $ 5,968.48 0%

CST Engineering, Inc. $ 288,261.05 5% $ 930,875.26 8%

iCivil, Inc. $ 70,047.79 1% $ 100,349.31 1%

Infrastructure Technologies, LLC $ 70,047.79 1% $ 27,468.77 0%

Itenology Corporation $ 200,000.00 3% $ 98,783.44 1%

Ross Technical Services, Inc. $ 224,152.92 4% $ 436,204.30 4%

SAMMS Engineering $ 560,382.31 10% $ 1,156,298.52 10%

Sabra Wang $ 272,121.26 5% $ 225,839.48 2%

Sue Ann's Office Supply $ 303,994.50 5% $ - 0%

Total Professional Services M/WBE $ 2,395,634.47 41% $ 4,103,899.55 35%

Consultant

Proposed Fee,

Construction

Services for

Contract FY 19

Percentage of

Construction

Services

Contract

Invoiced Thru

FY 19 (Invoice 1

to 25)

Percentage of

Construction

Services Contract

(Invoiced to Date)

Couser Supply $ 1,367,975.25 6.75% $ 374,987.95 1.00%

Cuddy and Associates, LLC $ 1,215,978.00 6.00% $ 4,809,785.57 18.00%

Machado Concrete Co., Inc. $ 810,652.00 4.00% $ 901,164.35 3.00%

Priceless Industries, Inc. $ 202,663.00 1.00% $ - 0.00%

R.E. Harrington Plumbing & Heating $ 1,621,304.00 8.00% $ - 0.00%

Baker Engineering Services, Inc. $ 303,994.50 1.50% $ 343,521.36 1.00%

Sunrise Safety Services, Inc. $ 202,663.00 1.00% $ 217,253.21 1.00%

Paniagua Ent., Inc. $ 709,320.50 3.50% $ 245,416.00 1.00%

Priority Construction Corp. $ 425,592.30 2.10% $ 302,523.92 1.00%

Bryant Concrete Construction $ 283,728.20 1.40% $ 173,725.80 1.00%

WSI, Inc. * $(1,418,641.00) 0.00% $ - 0.00%

Total Construction Services M/WBE 5,725,229.75$ 28.25% 7,368,378.16$ 27.92%

Professional Services

Construction Services

* WSI - $$ reallocated to Paniagua Ent., Inc., Priority Construction Corp., and Bryant Concrete

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inspections. Finally, in the past year, due to emphasis placed on addressing overdue

Customer Service Requests (CSRs), KCI/CG has assisted in reducing such backlogs to close

to zero.

C. Implementation and Policy Challenges with Recommendation

The Project is in Year 2 post procurement and as such, DOT does not yet have specific or

detailed recommendations to make regarding implementation or policy challenges. DOT is

compiling a data set of such matters which will be reviewed internally to arrive at detailed

recommendations for the DBEC’s consideration and inclusion in later DBEC reports.

III. DEPARTMENT OF PUBLIC WORKS

BACK RIVER HEADWORKS PROJECT SC 918H

The Department of Public Works (“DPW”), Back River Headworks Improvements Project

(“Headworks Project”) primarily entails construction of new headworks facilities, consisting of an

influent pumping station, a fine screen facility, and a grit removal facility, and wet weather storage

facilities. The City’s Wet Weather Program determined that the construction of the Headworks

Project is the single, most cost-effective solution to elimination of the City’s sanitary sewer

overflows and comply with the Wet Weather Consent Decree.

The Headworks Project is being delivered under the Construction Manager-at-Risk (CMAR)

delivery method and is the City’s first CMAR project. The CMAR delivery method is essentially a

hybrid of the Design Build method in that there is a distinct design phase followed by construction.

One of the key distinctions between CMAR and DB is that there are two separate contracts; one for

design, the other for construction. One procurement is used to advertise both phases and only one

firm is selected by the City. Following the design phase, the winning bidder and the City engage in

negotiations to agree on a Guaranteed Maximum Price (“GMP”). If the parties agree on GMP then

the successful firm contracts with the City for the construction phase. If GMP cannot be agreed,

then the City would be free to re-advertise the construction portion of the work.

The Headworks Project was originally advertised as a traditional design-bid-build project

with a 100% design having been completed prior to advertising for bids. Two bids were received,

the lowest of which was $90,000,000.00 over the budget for the project. DPW then approached the

DBEC about the possibility of structuring the Headworks Project using a modified CMAR method.1

DPW and the DBEC concluded that a modified CMAR delivery method had the best potential to

reduce construction costs. The DBEC concluded that given the similarity between this CMAR

project and traditional design build projects that the Headworks project should comply, to the

greatest extent possible, with the Design Build Resolution of the Board of Estimates (“BOE”) and be

overseen by the DBEC. The BOE agreed and accepted the DBEC’s recommendation to use the

CMAR delivery method on January 27, 2016.

1 Modified by virtue of the fact that a 100% design existed. The design phase for the Headworks Projects, unlike

traditional CMAR projects consists mainly of value engineering and to modify the 100% design to reduce costs.

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A. Project Status as of August 9, 2018

Background Pre-Construction:

Project was advertised on January 29, 2016 after the BOE approved the request for Proposals

using the CMAR method.

Four proposals were received on March 2, 2016

All proposals were found to be responsive and were evaluated

The evaluation process followed the procedures as established in the RFP which included review

based on the following criteria

Qualifications and approach (65%)

Financial capacity and proposed fees (15%)

Interview (20%)

Interviews were conducted on March 15, 2016

All scoring was reviewed and finalized by the evaluation panelists on March 15, 2016

March 25, 2016 – Selection of preferred CMAR firm, a joint venture between Clark Construction

and Ulliman Schutte, Inc. (“Clark/US”)

March 29, 2016 – Presentation to DBEC which approved the selection of Clark/US.

March 30, 2016 – DPW notified Clark/US of DPW’s intent to recommend award by the BOE to

Clark/US, subject to reaching agreement on all terms and conditions and completion of all

administrative procedures

May 4, 2016 – The BOE Approved award to Clark/US.

May 25, 2016 – CMAR firm submitted signed contract documents for processing by DPW.

July 28, 2017 Notice to Proceed for Pre-Construction was issued.

GMP Estimates were received:

November 2016.

January 2017.

GMP package bids were received:

March 2017.

April 2017.

GMP Negotiations progressed from April through May 2017.

GMP Package and Pricing were submitted to the BOE for processing in May 2017

GMP cost of $429,776,789.

BOE Approval of the GMP Package and Contract for the Headworks Construction was approved

on June 28, 2017.

Construction Progress to Date:

Construction Phase Milestones:

June 29, 2017 – Construction NTP

December 30, 2020 – Technical Compliance Milestone.

October 31, 2021 – Substantial Completion.

October 31, 2021 – City issue Conditional Acceptance.

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Approximately 58,000 yards of concrete have been placed, which is 75% complete for the

overall project concrete. The process mechanical installation is progressing in conjunction with

the project concrete.

Influent Pump Station – 100% of concrete complete

Fine Screen Facility – 100% of concrete complete

Grit Facility – 90% of concrete complete

Steel Structures Percent Complete.

Influent Pump Station – 98% of steel complete

Fine Screen Facility – 85% of concrete complete

Grit Facility – 20% of concrete complete

Facilities Hydrostatic testing is ongoing.

Influent Pump Station: 3 out of 8 large pumps have been installed.

All course screens (4) and fine screens (6) have been installed.

Support of Excavation installation is ongoing at Grit Effluent Conduits.

Started Overflow Conduit installation.

Completed the first half of the Influent Junction Chamber construction.

Completed the internal lining of Influent Conduit IC-1.

Shotcrete and cable wrap is ongoing at Equalization Tank No. 1 and cap and slot infill ongoing at

Tank No.2.

Mass backfilling is ongoing.

Site ductbank installation has commenced at the administration building and main substation.

Mechanical equipment is being delivered to the site for installation.

Schedule Progress and proposed logic revision are currently under review.

Weekly issues, Quality Control/Quality Assurance, schedule, partnering, risk, start-up,

Maintenance of Plant Operations, and Initial/ Preparatory meetings are held regularly with all

involved parties.

Overall the Project is trending to meet its Technical and Completion Milestones

B. Minority and Women Owned Business Participation

The Pre-Construction phase of the project was funded by the City and Baltimore County

therefore City MBE/WBE Goals of 10% and 3% respectively apply during the pre-construction

process.

Pre-Construction Fee $3,490,000

Contractual Participation Requirements: MBE $349,000 10%

WBE $104,700 3%

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Pre-Construction Phase MBE/WBE participation (completed 4/30/17):

SUBCONTRACTOR Amount Reported Participation Reported

Shah Associates $ 183,008 5.24%

Roane’s $71,444 2.05%

SP Arch $34,848 1.0%

Native Sons $60,000 1.72%

Horton $20,800 0.6%

C. L. McCoy $7,000 0.20%

CMC Repro & Assoc. $9,310 0.27%

MBE Totals $386,410 11.07%

SUBCONTRACTOR Amount Reported Participation Reported

Stella May $46,812 1.34%

Carroll $48,722 1.40%

Keep U Clean Jan Svc $4,100 0.12%

WBE Totals $99,634 2.85%

Construction Phase MBE/WBE Participation:

The Construction phase of the Headworks Project is being funded by the state’s revolving fund

therefore the state’s Disadvantaged Business Enterprise standards apply and not the City’s

MBE/WBE standards. The Construction phase of the project has the MBE and WBE State Goals of

18% and 16% respectively.

Clark/US’s estimates for the MBE/WBE participation are 12.82% and 5.80% respectively at this

time. The level of efforts expended on contacting regional and local DBE businesses has been

documented and will continue to be recorded in accordance with MDE guidelines for reporting

purposes.

The estimated percentages translate into the following dollar amounts to be spent with the

MBE/WBE subcontractors, based on the Contract amount of $429,776,789:

MBE 12.82% $55,092,484.33

WBE 5.45% $23,426,947.00

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At this time, Clark/US has invoiced for $235,163,197.62, which is approximately 55% of the

contract amount. The following MBE/WBE participation has been reported:

SUBCONTRACTOR MBE CONTRACT Participation Reported

MBE Companies Amount

% of

total

contract

Amount % of invoiced

amount

A&S Refuse LLC $551,000 0.13% $43,959.51 8%

Capital Development Design, Inc. $1,870,402 0.44% $1,202,155.79 64%

EMC2, Inc. $75,200 0.02% $293,610.98 390%

Horton $12,500,000 2.91% $2,668,925.51 21%

Innovo Construction LLC $1,990,000 0.46% $124,913.00 6%

JD Belfield $60,000 0.01% - -

Keep U Clean Janitorial Svc. $121,816 0.03% $45,297 37%

LCCI $330,000 0.08% $5,950.00 2%

NSL/Freestate $16,636,200 3.87% $5,182,903.36 31%

Weathespoon & Williams $592,190.00 0.14% - -

Allan Myers - lower tier: Mohawk

Bridge & Iron, Doughboy Hauling $4,333,333 1.01% $2,308,799.88 53%

Baseline $388,000 0.09% $562,713 145%

Cagley & Associates $18,300 0.00% $10,125.00 55%

Ruff Nex $1,698,106 0.40% $1,172,068.53 69%

Bulldog Construction $173,417 0.04% $1,185,998.26 684%

Ulliman Schutte - lower tier:

Ideal, GE Frisco, TBD

$13,754,520.00 3.20% - -

MBE Totals $55,092,484 12.82%

$14,807,419.82

26.88%

SUBCONTRACTOR WBE CONTRACT Participation Reported

WBE Companies Amount

% of

contract

amount

Amount % of invoiced

amount

Baltimore Waterproofing $232,200 - -

Regional Contracting Services LLC $2,853,580 $728,421.97 26%

Stella May Contracting $4,030,627 $4,030,627 100%

TMI Striping $12,279 $12,279 100%

Regional Drywall & Acoustic Panel $75,325 - -

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Rowen Concrete $2,166,667 $558,525.60 26%

DN Tanks - lower tier: Jernigan's,

Acorn Supply & Distributing $350,919 $45,067.22 13%

Eisenhart Steel $1,479,110 $322,207 22%

Ulliman Schutte - lower tier: J&S

Valves, Robnet, Acorn Supply &

Distributing, Roane's Rigging &

Transfer

$12,226,240 $1,770,048.86 14%

WBE Totals $23,426,947.00 5.45% $7,467,176.65 32%

C. Implementation and Policy Challenges with Recommendation

From the first two years of construction, DPW has the following recommendations for

DBEC’s consideration:

Engage and award the project to the CMAR prior to 30% design documents to

maximize their input

Place monetary provisions to enforce timely baseline schedule development

This contract used the Army Corps of Engineers specification regarding Quality

Assurance/Quality Controls. The DBEC should consider modifying this specification

so that it is more applicable to the Construction Industry

Include more details on definitions of the different funds' categories i.e., Owner

Allowances, Constructions Contingency... and the intended use of the funds to

eliminate any disagreements over which category covers what work.